DEPARTMENT OF JUSTICE SENDS LIMITED ENGLISH PROFICIENCY GUIDANCE
TO THE FEDERAL REGISTER THAT WILL HELP REDUCE LANGUAGE BARRIERS

WASHINGTON, D.C. - - The Department of Justice today sent to the Federal Register guidance on Limited English Proficiency (LEP) to further reduce language barriers for persons seeking access to government services. The LEP guidance is intended to supplant the policy guidance published by the Department of Justice on January 16, 2001.

"This guidance document reiterates that recipients of federal financial assistance have an obligation to reduce language barriers that can preclude meaningful access by limited English proficiency persons to important services," said Ralph F. Boyd, Jr., Assistant Attorney General for Civil Rights.

The new LEP guidance, reaffirms the Administration's commitment to further clarify the responsibilities of recipients of federal financial assistance and help them in fulfilling their responsibilities to limited English proficient persons.

Language for LEP individuals can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by federally funded programs and activities. The Federal Government funds an array of services that can be made accessible to otherwise eligible LEP persons.

The Department of Justice's action is intended to underscore several important goals that meaningfully bridge the language divide encountered by LEP individuals. In the LEP guidance, the Department of Justice recognizes that what is reasonable is determined by a four-factor analysis:

1. number or proportion of LEP persons served or encountered in the eligible service population;

2. frequency of contact with LEP persons;

3. the nature and importance of the program; and

4. resources available to implement LEP guidance and costs.

Most individuals living in the United States read, speak and understand English. However, there are many individuals, for whom English is not their primary language. Based on the 2000 census, over 26 million individuals speak Spanish and almost 7 million individuals speak an Asian or Pacific Island language at home. If these individuals have a limited ability to read, speak, or understand English, they are limited English proficient, or "LEP."

While detailed data from the 2000 census has not yet been released, 26% of all Spanish-speakers, 29.9% of all Chinese-speakers, and 28.2% of all Vietnamese-speakers reported that they spoke English "not well" or "not at all" in response to the 1990 census.

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